W
WillM
Guest
What is the name of your state? New Mexico
Does any local government have the legal authority to force compulsory acceptance and payment for services provided by any private company, whether it is a public utility or not?
If so, precisely what is the legal source of this authority?
If not, precisely what law(s) or NM or US Constitution articles does it violate?
The basis for my question is Bosque Farms Ordinance 9-1-2:
"Every person owning or controlling an occupied residence or commercial establishment within the Village is required to receive the solid waste collection service provided by the Franchised Collector and to pay the solid waste collection fee established by the Governing Body. Fees shall be billed by the Franchised Collector. The Franchised Collector shall have exclusive rights to all roll off work, including construction debris."
In support of the claim to this authority, the Village references the NM Supreme Court case, City of Albuquerque v. New Mexico Public Service Commission, 115 N.M. 521, 854 P.2d 348, (1993). However, this case appears to apply to a (regulated) public utility that falls under the authority of the NM Public Regulation Commission (PRC), but this service does not appear to be a "public utility". Further, individuals have the choice to purchase the services of public utilities such as PNM. That is, such service is not compulsory.
Any relavent advice will be greatly appreciated.
Thanks, Bill
Does any local government have the legal authority to force compulsory acceptance and payment for services provided by any private company, whether it is a public utility or not?
If so, precisely what is the legal source of this authority?
If not, precisely what law(s) or NM or US Constitution articles does it violate?
The basis for my question is Bosque Farms Ordinance 9-1-2:
"Every person owning or controlling an occupied residence or commercial establishment within the Village is required to receive the solid waste collection service provided by the Franchised Collector and to pay the solid waste collection fee established by the Governing Body. Fees shall be billed by the Franchised Collector. The Franchised Collector shall have exclusive rights to all roll off work, including construction debris."
In support of the claim to this authority, the Village references the NM Supreme Court case, City of Albuquerque v. New Mexico Public Service Commission, 115 N.M. 521, 854 P.2d 348, (1993). However, this case appears to apply to a (regulated) public utility that falls under the authority of the NM Public Regulation Commission (PRC), but this service does not appear to be a "public utility". Further, individuals have the choice to purchase the services of public utilities such as PNM. That is, such service is not compulsory.
Any relavent advice will be greatly appreciated.
Thanks, Bill